Lasting Powers of Attorney - LPA

Medical science is working wonders with extending the duration of our lives but the sad fact is that many people with suffer with mental health or neurological problems that mean that they cannot conduct their own affairs because they lack what is called "mental capacity".

There are also trajic circumstances where accident or injury result in a person being unable to take care of their own affairs and in need of help.

If nothing is put in place the relatives or friends of a person who lacks capacity may need to apply to the Court of Protection to have a Deputy appointed to act on the person's behalf. This can be an expensive and time consuming process.

The alternative is for us all to have prepared a Lasting Power of Attorney (LPA) whilst we still have legal capacity. LPAs are documents which authorise an Attorney to act on your behalf in the event of you losing capacity. There are two types of LPA one which authorises your Attorney to deal with your financial affairs and another which authorises your attorney to deal with your social affairs i.e. where you live, medical treatment etc.

After it has been executed an LPA is not effective and cannot be used until it has been registered with the Office of the Public Guardian (OPG). This process can take several weeks and a fee of £130 must be paid for each LPA filed for registration.

It is possible to prepare your own LPA by either downloading the documents from the website of the OPG http://www.justice.gov.uk/about/opg.htm or obtaining them direct from the OPG by telephone request. The forms are fairly lengthy and can cause some confusion and this is where a solicitor can help.

Clive Wood has helped a number of clients to prepare and execute their LPAs and to register them with the OPG.

As a solicitor working from a virtual office Clive will come to you at a time convenient to you and will attend at your home or elsewhere to take your instructions and then prepare the LPA which will then be checked over with you and thereafter the proper procedure for signing or executing the LPA and giving notice to your relatives or friends will be followed before the LPA is filed for registration.

The cost of this service will depend on the time engaged but would normally be in the region of £400/£600 plus VAT and disbursements. A small price to pay for the peace of mind that having a validly executed and registered LPA will bring.

Think about it and contact Clive on 0161 480 100 for further guidance or information.